General Law for Culture

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LAW 397 OF 1997

By way of which articles 70, 71 and 72 are developed and all other articles in agreement with the Political Constitution, and regulations are enacted on Cultural Heritage, on culture promotion and incentives, the Ministry of Culture is created and some offices are relocated.

REPUBLIC OF COLOMBIA

ANDRÉS PASTRANA ARANGO President

ROMULO GONZALEZ TRUJILLO Ministry of Justice and Laws

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By way of which articles 70, 71 and 72 are developed and all other articles in agreement with the Political Constitution, and regulations are enacted on Cultural Heritage, on culture promotion and incentives , the Ministry of Culture is created and some offices are relocated.

The Congress of Colombia DECREES:

TITLE I

Fundamental Principles and definitions

Article 1. About the fundamental principles and definitions of this law. This law is based on the following fundamental principles and definitions:

1. Culture is the set of distinctive, spiritual, material, intellectual and emotional features that characterize human beings and that encompass more than arts and writings, i.e. lifestyles, human rights, value systems, traditions and beliefs.

2. Culture, in its different expressions, is the basis of nationality and activity intrinsic to Colombian society as a whole, as a process generated individually and collectively by Colombians. These expressions constitute an integral part of Colombian culture and identity.

3. The State shall drive and shall incentive cultural processes, projects and activities in a framework of recognition and respect for cultural diversity and variety of Colombia as a Nation.

4. In no case shall the State censure the form, the ideological and the artistic content of cultural events and projects.

5. It is the State and people’s obligation to value, to protect and to disseminate the Nation’s Cultural Heritage.

6. The State guarantees ethnic and linguistic groups, black and “raizal” (grass-root) communities and indigenous groups the right to preserve, enrich and disseminate their identity and cultural heritage, to generate knowledge thereof according to their own traditions and to benefit from an education that ensures these rights. The Colombian State recognizes the specificity of the Caribbean culture and they shall provide special protection to its various expressions.

7. The State shall protect Spanish as Colombia’s official language and the languages of indigenous groups and black and “raizal” communities in their territories. Similarly, they shall drive the strengthening of the Amerindian and Creole languages spoken in the national territory and they shall commit to respecting and recognizing them throughout the rest of society.

8. Economic and social development should be articulated closely with cultural, scientific and technologic development. The National Development Plan shall take into account the National Plan on Culture formulated by Government. Public resources invested in cultural activities shall have, for all legal purposes, a public funds social expenditure nature.

2 DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and9. is notRespect liable for anyfor in humancorrect information. rights, COPYRIGHT: peaceful Allcoexistence, rights reserved.This solidarity, information may inter-culture, be used only for research,pluralism educational, and legal and non- commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO). tolerance are essential cultural values and fundamental basis of a peace culture.

10. The State shall guarantee freedom in research and they shall promote talent in research within parameters of quality, rigor and academic coherence.

11. The State shall promote creation, expansion and adaptation of artistic and cultural infrastructure and they shall guarantee access for all Colombians.

12. The State shall promote exchanges of national culture with universal culture.

13. The State when formulating its cultural policy shall take into account creators, promoters as well as the recipients of culture and they shall guarantee equal access opportunities to cultural expressions, assets and services for all Colombians conceding special treatment to persons who have physical, sensory and psychological limitations, the elderly, toddlers, youths and social sectors with the greatest needs.

Article 2. About the State’s role regarding culture. The State’s duties and services in respect of culture shall be fulfilled in accordance with the stipulations of the foregoing article, taking into account that the paramount objective of the State’s policy on the subject matter is preserving the Nation’s Cultural Heritage and supporting as well as motivating people, communities and institutions that develop or promote artistic and cultural expressions at local, regional and national level.

Article 3. The Ministry of Culture shall coordinate the State’s action in educating the new citizen as per the stipulations of articles 1 to 18 of Law 188 dated 1995. National Development Plan.

T l TLE II Nation’s Cultural Heritage

Article 4. Definition of the Nation’s cultural heritage. The Nation’s cultural heritage is constituted by all cultural assets and values that express Colombian nationality such as tradition, customs and habits, as well as the set of immaterial and material assets, movable property and real estate that have a special historic, artistic, aesthetic, plastic, architectonic, urban, archeological, environmental, ecologic, linguistic, musical, audiovisual, film, scientific, testimony, documental, literary, bibliographic, museum or anthropologic interest and the expressions, products and representations of popular culture.

The provisions of this law and its future regulation shall be applied to the assets and categories of assets that constitute the Nation’s Cultural Heritage which belong to pre- Hispanic, Colonial, Independence, Republic and Contemporary periods that are declared assets of cultural interest pursuant to the appraisal criteria determined to that end by the Ministry of Culture.

First Paragraph. Assets declared national monuments prior to this law, as well as assets that constitute archeological heritage shall be deemed as assets of cultural interest.

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Article 5. Objectives of the State’s policy in respect of the Nation’s cultural heritage. State’s policy regarding the Nation’s cultural heritage shall have as main purpose to protect, to preserve, to restore and to disseminate heritage, in order for said heritage to serve as testimony of national cultural identity today and in the future.

Article 6. Archeological heritage. Assets that constitute the archeological heritage are those personal or real estate properties that originated in cultures that have disappeared or that belong to colonial times, as well as human or organic remains related to those cultures. Similarly, parts of that heritage are geological and paleontological elements related to the history of mankind and its origins.

Also part of the archeological heritage can be movable and real estate property that represent the cultural tradition and identity of existing indigenous communities and which are declared as such by the Ministry of Culture through the Colombian Anthropology Institute and in coordination with the indigenous communities.

The private person who finds archeological assets shall advise immediately civil or police authorities who shall be obligated to inform the Ministry of Culture on such event within the following twenty four hours of such discovery.

The Ministry of Culture shall determine technically and scientifically the sites where archaeological assets can be found or that are contiguous to archaeological areas. They shall issue the relevant declarations and they shall draft the Special Protection Plan referred to in article 10, numeral 3 of this law in conjunction with all other authorities and bodies at national level and regional institutions.

In the process to grant environmental licenses in areas declared Archaeological Heritage, the relevant environmental authorities shall consult with the Ministry of Culture on the existence of archaeological areas and current protection plans with the purpose of incorporating them into the relevant licenses. The Ministry of Culture shall reply within 30 calendar days.

Article 7. National Monuments Council. The National Monuments Council is the body in charge of advising the National Government on how to protect and to manage the Nation’s cultural heritage. The National Government shall regulate all matters pertaining to constitution, to tasks and to sessions regime of the National Monuments Council.

Article 8. Declaration and management of the Nation’s cultural Heritage. The National Government, through the Ministry of Culture and prior opinion from the National Monuments Council, is responsible for declaring and managing the national monuments and assets of cultural interest with national character.

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The foregoing is understood without prejudice that aforementioned assets of cultural interest may be declared assets of cultural interest at national level.

To declare and to manage assets of cultural interest the principle of coordination msut prevail between the national, provincial, district and municipal levels and that of the indigenous territories.

Development plans of regional institutions shall take into account the resources to preserve and to recover cultural heritage.

First Paragraph. Churches and religious organizations have the right to be owners of cultural heritage that they may have created, acquired with their resources or legitimately possess. Similarly, the religious nature and purpose of said assets are protected, thus such nature and purpose shall not be hindered or hampered due to their cultural value.

As per article 15 of Law 133 of 1994, the State shall sign with the relevant churches and religious organizations, agreements to establish a regime for these assets, including restrictions for their transfer and export as well as measures in inventory, in preservation, in restoration, in study and when exhibiting them.

Article 9 .Of underwater cultural heritage. Part of the Nation’s cultural or archaeological heritage, due to their historical and archaeological value, which shall be determined by the Ministry of Culture, are the cities or cemeteries of human groups that have disappeared, human remains, shipwrecked heritage constituted by the vessels and their contents and all other movable property found inside them or spread throughout the bottom of the sea that are found in the sea bed or subsoil of interior waters, regional sea, continental platform or exclusive economic zone, regardless of their nature or state and the cause or period of the shipwreck or sinking. The rests or parts of ships, contents or assets found in similar conditions shall also be classified as shipwrecked heritage.

First Paragraph. Any exploration and removal of underwater cultural heritage, by any juridical or natural person, national or foreigner, requires prior authorization which shall be temporary and precise from the Ministry of Culture and the General Maritime Directorate DlMAR, of the Ministry of National Defense.

If while exercising the authorization a discovery were to take place, said discovery shall be reported with such Maritime Directorate in order to accredit as claim filer the person who reported the discovery by way of a reserved and dully motivated administrative act.

If as consequence of filing the report a rescue is produced in the geographic coordinates indicated by the claim filer, he/she shall have the right to receive a percentage of the gross value of the shipwrecked heritage which shall be regulated by the National Government once the Culture National Council’s opinion has been heard.

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For rescue contracts, the claim filer should offer first to the Nation the objects that he is entitled to, and only then to other institutions.

Second Paragraph. The methods used to explore and to remove underwater cultural heritage should avoid its destruction so that there is more clarity regarding the discovery and how to preserve the cultural information thereof, even if this implies leaving it at the site where it was found awaiting other methods and technologies that enable rescue or study without causing any damage. In any case, there should be a group of submarine archeologists dully certified by the Ministry of Culture for supervisory purposes.

For the purposes of the provisions in this article, the Shipwrecked Heritage Commission referred to in Decree 29 of 1984 shall issue a preliminary opinion to the Maritime General Directorate, DIMAR and they shall act as advisory body on that matter for the Government.

It shall be the Ministry of Culture’s responsibility to determine the use of rescued shipwrecked heritage, having the right to sign administration agreements with public or private institutions whose main activity should be the execution of cultural programs open to the public.

The National Government shall regulate the provisions of this article.

Article 10. Free of liens, inalienable and no expiration. Assets of cultural interest that constitute National cultural heritage owned by public institutions are free of liens, inalienable and do not expire

Paragraph. The Ministry of Culture shall authorize in exceptional cases, the transfer or loan of assets of cultural interest among public institutions.

Article 11. Regime for assets of cultural interest. Private and public assets of cultural interest are subject to the following regime:

1.Demolition, relocation and restoration. Assets that have been declared of cultural interest cannot be demolished, destroyed, divided into plots or removed without prior authorization from the authority that has declared it as such.

2. Intervention. Intervention is understood as any act that causes changes to assets of cultural interest or that may affect its state. No interventions can take place on assets of cultural interest without the relevant authorization from Ministry of Culture.

Intervention of assets of cultural interest shall take place under the supervision of professionals on the subject matter, dully certified by the Ministry of Culture.

As per the provisions of article 5 of this law, for assets of cultural interest that belong to the Nation’s archaeological heritage, said authorization shall be implicit on the environmental licenses for mining, hydrocarbons, dam projects or infrastructure macro- projects. In these cases, it shall be determined to have supervision at all times from professionals certified by the Ministry of Culture.

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The owner of land located in the area of influence or that is contiguous to a real estate asset of cultural interest who intends to carry out works that may affect the features of said property shall obtain authorization to such ends from the authority that issued the relevant declaration.

3. Special protection plan. When declaring assets of cultural interest, a special protection plan shall be drafted by the relevant authority.

The special protection plan shall specify the area affected, the intervention level allowed and management conditions and communication plan that shall ensure community support to said assets in coordination with relevant regional institutions.

For the specific case of archaeological heritage recognized and surveyed in developing the construction of hydrocarbons transport networks, the "Special Protection Plan" shall be understood as the Archaeological Management Plan that is part of the Environmental Management Plan presented by the Ministry of Environment within the process to obtain the environmental license.

4. Removal from the country and mobilization. Export of movable property of cultural interest is prohibited. However, the Ministry of Culture shall have the right to authorize their temporary absence for a term that does not exceed three (3) years with the only purpose of being exhibited or studied scientifically.

The sending away any movable property considered to be part of the Nation’s cultural heritage shall require a preliminary permit from the regional bodies in charge of complying with this law or from the Ministry of Culture.

Assets illegally removed or illegally exported shall be seized and placed at Ministry of Culture’s disposal.

In the same way, the Ministry of Culture and other public institutions shall undertake all efforts geared towards repatriating assets of cultural interest that may have been removed illegally from the Colombian territory.

Article 12. About the bibliographic, magazine, documental and motion images heritage. The Ministry of Culture and the Ministry of Internal Affairs through the National Library and the Nation’s General Archive respectively, are the institutions responsible for gathering, organizing, increasing, preserving, protecting, recording and spreading the Nation’s bibliographic, magazine and documental heritage upheld in the different information supporting documentation. Similarly, the provincial and regional libraries and municipal, district and provincial archives shall be the depositaries of their bibliographic, magazine and documental heritage.

Paragraph. The National Government through the Ministry of Culture shall oversee the recovery, preservation and maintenance of the Colombian motion images heritage.

Article 13. Ethnic groups rights. The ethnic groups settled in archaeologically rich land shall preserve the rights they exercise effectively on the archaeological heritage that is part of their cultural identity for which they shall receive advise and technical assistance from the Ministry of Culture.

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In order to protect languages, traditions, uses, rituals and knowledge, the State guarantees collective authorship rights of ethnic groups; they shall also support ethno-education processes and shall promote dissemination of said heritage through the media.

Article 14. National registry of cultural heritage. The Nation and regional institutions shall be obliged to record cultural heritage. Regional institutions shall submit their respective records to the Ministry of Culture on a frequent basis in order for said records to be included in the Cultural Heritage National Registry.

The Ministry of Culture shall regulate all matters related to the registration and they shall define the protection categories applicable to the various types of registered assets in coordination with regional institutions.

Article 15. About violations against the Nation’s cultural heritage. People who violate the constitutional duty to protect the Nation’s cultural heritage shall incur in the following violations:

1. If the violation constitutes a punishable act due to destruction or to damages to assets of cultural interest, or due to their illegal exploitation in accordance with the provisions of articles 242, 246. 349, 370, 371 and 372 of the Criminal Code, it is an obligation to file the relevant criminal report and in case of flagrancy, to place the person retained at the orders of the nearest police authority, without prejudice to imposing heritage penalties provided herein.

2. If the violation consists of the construction, expansion, modification, repair or demolition of assets of cultural interest without the respective license, penalties shall be imposed as per the stipulations in article 66 of Law 9 of 1989, increased by one hundred per cent (100%).

3 If the violation consists of mobilizing movable property of cultural interest without authorization from the authority that declared it as such, a penalty shall be imposed of fifty (50) current minimum legal monthly wages.

4. If the violation would consist in executing non-authorized explorations and excavations of archaeological assets, a penalty of two hundred (200) to four hundred (400) current minimum legal monthly wages shall be imposed.

5. If the violation against assets of cultural interest were incurred by a public servant, said violation shall be deemed as a very serious one in accordance with article 25 of Law 200 of 1995.

First Paragraph. The Ministry of Culture or the authority delegated to implement this law shall have the faculty to impose and to collect heritage penalties as stipulated in the foregoing article.

Second Paragraph. The National Government through the Ministry of Culture, in addition to regional institutions, is vested with police functions to impose and to execute measures, penalties and other sanctions stipulated by law and applicable as per the case.

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If non-compliance would come from a national authority, the competent authority for the proceedings of execution in the lower court shall be the Administrative Contentious Court of the province of Cundinamarca; in all other cases, the Administrative Court corresponding to the jurisdiction authority of the defendant.

To free the execution warrant, the lower court judge shall require the manager or director of the defendant institution to indicate in writing the way provisions of laws and administrative acts that support the compliance action are being enforced.

If eight (8) working days have passed and there is no answer from the officer, the judge shall proceed to decree the execution. In the execution warrant, the reluctant officer and the institution to which he belongs shall be sentenced to pay court fees, except due to proven just cause and for which they shall be jointly responsible for payment. In no can they desist from the action filed and from enforcing compliance, which shall not expire.

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TITLE III Of the promotion and incentives to creation, research and artistic and cultural activities

Article 17. About the promotion. The State through the Ministry of Culture and regional institutions shall promote arts in all their expressions and all other expressive symbolic manifestations as elements of dialogue, exchange, participation and as free as well as fundamental expression of the human being’s thinking built in peaceful coexistence.

Article 18. About the incentives. The State through the Ministry of Culture and regional institutions shall determine special incentives and they shall promote the creation, artistic and cultural activities, research and strengthening of cultural expressions. To that end it shall establish among others, programs, job agencies, scholarships, annual awards, competitions, festivals, artistic education workshops, support to people and groups dedicated to cultural activities, fairs, exhibitions, mobile units of cultural dissemination, and shall grant special incentives and credits for outstanding artists, as well as for the members of the local communities in the fields of creation, execution, experimenting and education as well as research at individual and collective level in each one of the following cultural expressions:

a) Plastic arts; b) Musical arts; c) Dramatic art; d) Traditional cultural expressions, such as folklore, crafts, popular narrative and cultural memory of the country’s regions and communities: e) Audiovisual arts f) Literary arts; g) Museums (Museology and Museography); h) History: i)Anthropology: j) Philosophy; k) Archaeology; l) Heritage; m) Drama; n) Reviews; ñ) And other that may arise from socio-cultural evolution prior opinion issued by the Ministry of Culture.

Article 19. Customs Regime for cultural exchange. In order to favor cultural exchange, general criteria shall be those aspects to which the National Government shall be subject to determine the customs regime, the abolition of duties to temporary import of cultural assets or the adoption of measures that facilitate their entry into the country and the exemption of customs taxes and nationalization taxes for assets of cultural interest acquired at any title or recovered by any public institution.

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Article 20. Dissemination and promotion. According to the case, the Ministry of Culture shall organize and promote without making any distinction whatsoever the national dissemination and promotion of Colombian cultural expressions, participation in international festivals and other events of cultural nature.

Similarly, the Ministry of Culture in coordination with the Ministry of Foreign Trade and the Ministry of Foreign Affairs shall promote the diffusion, promotion and commercialization of Colombian expressions abroad without making any distinction whatsoever.

Article 21. Preferential right to public radio and television. The Ministry of Culture, as an Inravisión partner shall have the right to a minimum of ten weekly hours to disseminate artistic and cultural activities.

Article 22. Cultural infrastructure. The State through the Ministry of Culture and regional institutions shall define and apply concrete measures aimed at encouraging the creation, operation and improvement of public spaces, suitable for performances in cultural activities and, in general they shall bring about the infrastructure required by cultural expressions.

In cultural infrastructure projects they shall take into account the elimination of architectonic barriers that impede free circulation of physically disabled people and ease of access for the elderly and children.

First Paragraph. The Co-financing Fund for Social Investment, FlS, shall co-finance in conjunction with the municipalities, cultural infrastructure programs and projects aimed at the poorest and most vulnerable ethnic groups of the population according to Political Constitution, Law 115 of 1994 and Decree 2132 of 1992.

Second Paragraph. The establishments that offer education services per levels and grades shall have infrastructure to develop artistic and cultural activities in compliance with article 141 of Law 115 of 1994.

The Ministry of Culture shall co-finance the structures of artistic and cultural nature; determine the criteria for their adequate and rational use in order to promote community participation and render technical assistance.

Third Paragraph. Private and public upper education institutions shall have infrastructure to develop artistic and cultural activities of their own or guaranteed by agreements for the student population that they serve with their educational services, in a term no longer than five (5) years, for which they may use credit lines as set forth in article 130 of Law 30 of 1992.

Fourth Paragraph. In accordance with the provisions in Chapter III of Law 9 of 1989, the Ministry of Culture shall have the right to advance directly or through regional institutions or the public beneficiary institutions or involved institutions, the process to voluntarily transfer or expropriate real estate properties for the purposes of sections c) and f) of article 10 of the same law.

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Fifth Paragraph. Urban renovation projects referred to in article 39 of law ~ of 1989 and new development projects approved as of the validity date of this law, shall contemplate infrastructure to develop artistic and cultural activities that cater to the community’s needs and trends in their area of influence according to municipal councils.

Article 23. Cultural centers. The State, through the Ministry of Culture shall support the Cultural Centers which are fundamental centers of non-formal artistic education, as well as the dissemination, projection and promotion of cultural policies and programs at local, municipal, district, provincial, regional and national level. Similarly, culture centers shall have to support permanent processes of cultural development that may interact between the community and state’s institutions for the best possible development of culture as a whole. For the purposes foreseen in this article, the Ministry of Culture and regional institutions shall sign the relevant agreements.

Article 24. Libraries. The national, provincial, district and municipal governments shall consolidate and develop the National Network of Public Libraries, coordinated by the Ministry of Culture through the National Library in order to promote the creation, promotion and strengthening of public and mixed libraries and of complementary services provided through them. To that end, they shall include each year in their budgets the items to create, to strengthen and to sustain the largest number of public libraries in their respective jurisdictions.

The Ministry of Culture, through the National Library, is the body in charge of planning and formulating the public libraries’ and reading policies at national level and of directing the National Network of Public Libraries.

Article.25. Resources of Law 60 of 1993 for cultural activities. The municipalities shall assign to the cultural activities, mainly cultural centers and public libraries, at least two per cent (2%) of the resources regulated in article 22 numeral 4 of Law 60 of 1993.

Article 26. About the agreements. The Ministry of Culture shall guide and support the governors’ offices, the majors’ offices and district majors’ offices and indigenous councils in the signing of agreements with non-profit cultural institutions that promote art and culture with the purpose of rescuing, defending and promoting national talent, democratizing access for persons to services and expressions of culture and arts with emphasis on young public, older adults and people with physical, physiological and sensorial disabilities as well as it shall consolidate the cultural institutions and they shall contribute to deepen their relation with the community.

Article 27. The creator: It is understood as creator any person or group of persons that generate cultural assets and products based on imagination, sensibility and creativity.

Creating expressions, as free expressions of human thinking, generate identity, sense of belonging and enrich the cultural diversity of a country.

Article 28. The cultural promote .Drives the cultural processes within the communities, organizations and institutions, through participation, democratization and descentralization of cultural activity promotion.

He/she coordinates as permanent activities, administration, planning, follow-up and evaluation actions, programs and projects of cultural institutions and organizations or of community cultural events.

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Article 29. Artistic and cultural education. The State, through the Ministry of Culture and regional institutions shall promote the technical and cultural education and training of the cultural promoter or administrator to guarantee administrative and cultural coordination with specialized nature. Similarly, it shall establish agreements with universities and cultural centers for the same purpose.

The Ministry of Culture shall establish agreements with public and private universities to educate and to specialize creators in all the expressions to which reference is made in article 16 of this law.

The Ministry of Culture, in coordination with the Ministry of National Education shall promote in the State’s universities, in the terms of Law 30 of 1992, the creation of high level academic programs in the field of arts including dancing, ballet and all other dramatic arts.

Article 30. Social security of cultural creator and promoter. The relevant regional institutions shall affiliate to the subsidized health system the artists, authors and composes of limited resources.

To that end the provincial and municipal culture councils shall recognize the quality of the artist who works for the culture.

Once this law has come into force, the Social Security National Council on Health shall issue the regulation that guarantees the creator and promoter affiliation to which this article refers.

Article 31. Life pension for culture creators and promoters. When a cultural creator or promoter reaches 65 years of age and does not meet the minimum requirements to access the retirement pension foreseen in article 33 of Law 100 of 1993, the Ministry of Culture subject to budget availability, shall make the appropriations to the administrative pension institution to which the cultural creator o promoter is affiliated until completing with the contributions already collected, the amount required to comply with the minimum contribution demanded by the law.

In case the cultural creator or promoter is not affiliated, the Ministry of Culture shall affiliate him to the General System of Pensions. For the purposes of complying with the provisions set forth herein, the Ministry of Culture shall constitute a social security fund account.

Article 32. Professionalization of artists. The Ministry of Culture, in coordination with the Ministry of National Education shall define the requirements, criteria and procedures and shall execute the relevant actions to recognize the title of qualified professional to the artists that on the date this law is approved, have a professional registration card issued by the Ministry of National Education, based on Decree 2166 of 1985.

Paragraph. The Ministry of Culture or his/her delegate shall participate in the Advisory Council for the Professionalization of Artists, established pursuant to Decree 2166 of 1985.

Article 33. Copyright: Copyright and moral and heritage attachments of authors, actors, directors and dramatists are considered of inalienable nature due to the implications they have for the artist’s social security.

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Article 34. Participation in royalties. Actors, directors, dramatists, scriptwriters, screenwriters shall have inalienable rights to participating in royalties due to reproduction of the plays in which they act pursuant to regulations of this law.

Article 35. About the exchange, international projection and the borders. The State, through the Ministry of Culture shall finance without distinctions of any sort international exchange with other countries as means to qualify national artists and the citizens in general.

The State, through the Ministry of Culture and the Ministry of Foreign Relations, shall promote and finance the institution of specific cultural development programs at international level with special treatment along Colombian borders which should enable affirmation, exchange and integration of cultures.

Article 36. Contracts to develop cultural projects. For full compliance with the functions pertaining to promoting and to boosting creation, research and artistic as well as cultural activities to which Title III refers, and also those assigned in respect of the Nation’s cultural heritage, the Ministry of Culture shall be entitled to sign the types of contracts or agreements foreseen in Decrees 393 and 591 of 1991, subject to the requirements stipulated in the cited regulations.

Article 37. Financing of cultural activities through the IFI. Cultural and artistic activities shall be financed through the Instituto de Fomento Industrial, IFI (Institute of Industrial Promotion) and via credit operations to non-profit organizations and institutions, or a discount through the financial system

In order to achieve this objective and in accordance with article 253 numeral 3 of Executive Order 663 of 1993, the National Government shall include on an annual basis in the national budget bills the necessary resources to finance the difference between the promotional loan placement rates for culture and for arts projects and for organizations in all their expression versus the loan rates at IFI, which shall execute the operations once it has received the resources.

IFI’s Board of Directors in coordination with the Ministry of Culture shall regulate the conditions of the operations to which this article refers.

In any case, the IFI shall set forth preferential access conditions to these credits taking into account the requestors’ financial capacity.

Article 38. Pro-culture stamp. Provincial assemblies and municipal councils shall be authorized to create a Pro-culture stamp and its resources shall be managed by the relevant regional body responsible for promoting and boosting culture for use in projects according to national and local cultural plans.

Article 39. Taxes on public shows and value added tax. The following exemptions are added to those stipulated in article 75 of Law 23 of 1976:

a) Folklore dance companies or groups; b) Contemporary music choir groups;

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c) Solo artists and musicians of Colombian contemporary music and musical expressions;

d) Craftwork fairs.

Article 40. Importance of films for society. The State through del Ministry of Culture, Ministry of Economic Development and the Ministry of Treasure and Public Credit shall promote preservation and dissemination, as well as artistic and industrial development of Colombian film industry as generator of their own collective imaginary and memory as well as a means of expression of our national identity.

Article 41. About the industrial and artistic aspects of cinematography. To achieve harmonic development of our film industry, the Ministry of Culture in development of their policies shall grant:

1. Special stimulus to cinematographic creations in its various phases.

2. Stimulus and incentives for Colombian cinematographic productions and co- productions.

3. Stimulus and incentives for exhibition and dissemination of Colombian cinematography.

4. Special stimulus for the preservation of Colombian cinematographic memory and universal memory of particular cultural value.

5. Special stimulus to the physical and technical infrastructure that enables production, distribution and exhibition of cinematographic works.

Article 42. About the Colombian film companies. As Colombian film companies should be considered those whose national subscribed and paid capital is higher than fifty one per cent (51 %) and whose company objective is the narration made with images and sounds, printed via optical processes and sounds on a cellulose basis, of electronic impression and all others that may be invented in the future with the same objective.

Article 43. About the nationality of film production. It is understood as Colombian cinematographic feature movie production the one that meets the following requirements:

1 Colombian capital invested should be no less than 51 %. 2. Technical staff minimum 51 % and artists no less than 70% 3. Duration on screen of 70 minutes or longer and for television 52 minutes or more.

First Paragraph. Of the total of resources allocated to the promotion of the film production at least 50% shall be allocated to Colombian cinematographic productions and the remaining percentage for co-production projects.

Article 44. About the Colombian co-production. It is understood as Colombian cinematographic feature movie co-production the one that meets the following requirements:

1. Produced jointly by Colombian and foreign film companies. 2. That national financial participation is no less than twenty per cent (20%).

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3. Participation of Colombian artists should be equivalent to at least 70%, there is national financial participation and said artists prove their experience and competences in the film sector.

Article 45. Incentives for Colombian feature films. The State, through the Ministry of Culture shall grant financial industrial incentives to Colombian cinematographic feature movies productions and co-productions through agreements foreseen in the law, according to sales and box office results obtained after commercial exhibition in the national territory, in theaters open to the public or via local, regional, national or international television.

Article 46. Mixed fund of Cinematographic Promotion. The Ministry of Culture shall be authorized to create the Mixed Fund of Cinematographic Promotion and to contribute with budget resources.

The fund shall operate as an autonomous institution with its own legal capacity in relation to its organization, operation and contracting processes; it shall be governed by private law.

Provided public participation is in majority, understood as such a percentage higher than fifty per cent (50%) of the social funds, the fund shall be chaired by the Minister of Culture. In this event approval of operational costs for the respective fiscal year, the decision on its resolution, the sale of real estate as well as approval of investment projects whose sum amount exceeds ten percent (10%) of the total budget funded shall need to have the Minister of Culture’s favorable vote. The remaining part of its constitution, structure, management and administration shall be determined in the constitution document and its by-laws.

The fund’s main objective shall be to promote and to consolidate the preservation of the Colombian motion images heritage, as well as Colombia’s film industry and therefore its activities are geared towards creating and developing support mechanisms, such as: direct incentives, credits and awards for box-office sales or participation in festivals according to their importance. The fund shall not carry out projects directly, except in exceptional cases that require Ministry of Culture’s representative vote. The same procedure applies when operational costs exceed twenty per cent (20%) of the institution’s annual budget.

Income obtained by the film industry (producers, distributors and exhibitors) and that is capitalized or reserved to develop new productions or investments in the film sector shall be exempt up to fifty per cent (50010 S.I.C.) of the amount in income tax.

Article 47. Cinematographic promotion. The assets that once belonged to the Cinematographic Promotion Fund shall be transferred to the Mixed Fund of Cinematographic Production including all financial profits to date.

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Article 48. Promotion of Colombian Theater. In order to safeguard, preserve and disseminate Colombian theater heritage and masterpieces of universal dramatic art repertoire, the Ministry of Culture shall convene on an annual basis professional directors, dramatists, authors and actors who belong to different associations in the country who shall develop theater projects to be disseminated at national and international level.

Article 49. Museum promotion. The country’s museums are depositaries of movable property that is representative of the Nation’s Cultural Heritage. The Ministry of Culture through the National Museum is responsible for protecting, preserving and developing all existing museums and for adopting incentives to create new museums in all areas of the Nation’s Cultural Heritage. In the same way, it shall encourage the active nature of Museums that serve the different levels of education as bodies that enrich life and identity of national, regional and local culture.

Article 50. Scientific research and increase of collections. The Ministry of Culture and the regional institutions shall create incentive programs to encourage research and scientific classification of existing movable property of cultural interest in all museums of the country via agreements with universities and institutes dedicated to historical, scientific and artistic research at national and international level and it shall promote the increase of collections through the creation and regulation of incentives for donations, legacies and acquisitions.

Article 51. Specialization and Technical expertise. The Ministry of Culture through international agreements in coordination with the Ministry of Foreign Relations shall drive the specialization of human resources in charge of the country’s museums and technical expertise of permanent and temporary exhibitions as well as the creation of exchange and technical cooperation programs at international level in these areas.

Aticle 52. Museums’ protection and safety. The National Government shall regulate the application of minimum safety regulations to protect and to safeguard cultural heritage housed by the museums in the entire national territory in order to strengthen regional and municipal provisions implemented in this area.

Article 53 Preservation and restoration of collections and museums’ buildings. The Ministry of Culture shall promote and support preservation and restoration programs of collections housed by different museums in the country, as well as in necessary cases, preservation, restoration, adjusting or expansion programs of the buildings that house said collections through entities specialized in the area.

To that end it shall create and regulate advisory, approving and control entities necessary for their development and they shall try to involve provincial and municipal institutions and governments.

Article 54. Control of collections and public and private museums’ management. The Ministry of Culture through National Museum shall regulate the systematization of collections’ inventories in all museums of the country. Similarly, it shall develop permanent support programs to manage the museums and they shall endeavor the creation of incentives for donations and for sponsorship contributions to operate and to develop public and private museums.

Article 55. Generation of resources. The State, through the Ministry of Culture shall encourage and advise the creation of plans, programs and projects of commercial nature related to the museums’ projects that can become sources of autonomous resources for their financing and operation.

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In the same way, the Ministry of Culture shall acquire and commercialize cultural assets and services to promote the dissemination of cultural heritage and identity in and outside the national territory.

Article 56. Incentives for the Nation’s cultural heritage. The owners of movable property and real estate of cultural interest shall have the right to deduct the total amount of the costs they incur to maintain and to preserve these assets even if they do not have a direct relation with the activity that generates the income.

To have access to this benefit, the interested persons shall present to the Ministry of Culture for its approval a project to adapt the relevant property. .

TITLE IV About cultural management

Article 57. National System for Culture. It is the set of institutions and realms of planning and information processes articulated among themselves that facilitate cultural development and access to the cultural assets and services community according to the principles of decentralization, participation and autonomy.

The National System for Culture shall be constituted by the Ministry of Culture, the municipal, district and provincial culture councils, the mixed funds for promotion of culture and arts and in general, by the public and private institutions that develop, finance, promote and execute cultural activities.

The National System for Culture shall be coordinated by the Ministry of Culture for which it shall establish general policies, shall dictate technical and administrative regulations to which all institutions of said system shall be subject.

Article 58. National Council for Culture. The National Council for Culture is created as advisory body to the Ministry of Culture. Their tasks shall be:

1. To promote and to make the relevant recommendations to fulfill plans, policies and programs related with culture. 2. To suggest to the National Government adequate measures to protect the Nation’s cultural heritage and the incentive and promotion of culture and arts. 3. To rule on aspects requested by the National Government in matters of culture.

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4. To advise the design, formulation and implementation of the National Plan for Culture. 5. To supervise the execution of public expenditures invested in culture.

Article 59. Constitution of the National Council for Culture. The National Council for Culture shall be constituted by the following members:

1. The Minister of Culture who shall chair it or in his absence the Vice-minister. 2. The Minister of National Education or in his/her absence the Vice-minister. 3. The Director of the National Planning Department or his/her delegate. 4. Two personalities of the artistic and cultural field appointed by the President of the Republic who shall act as his/her representatives. 5. The presidents of the National Councils for Arts and Culture of each one of the artistic and cultural manifestations. 6. One representative from the educational community designated by the National Education Assembly. 7. One representative from the provincial, district and municipal mixed funds for promotion of culture and arts. 8. One representative from the culture centers’ associations. 9. One representative from the technical secretaries of the provincial and district culture councils. 10. One representative from the indigenous communities and/or traditional authorities. 11. One representative from the black communities. 12. One representative from the upper college of academia. 13. One representative from cultural associations of people with physical, psychological and sensory disabilities. 14. One representative of each one of the cultural expressions to which reference is made in article 16 of this Law elected by their organizations. 15. One representative from the Manuel Cepeda Vargas Foundation for Peace, Social Justice and Culture.

Election of representatives mentioned in 7 to 11 shall take place according to regulation stipulated by the National Government regarding the subject.

Except for public officers who can be appointed and removed freely, all other members shall hold a fixed period of two years.

The National Council for Culture shall be convened by the Minister of Culture once each six months.

Article 60. Provincial, district and municipal culture councils. These are arenas for agreement among civil society and the State who are in charge of leading and advising the provincial, district and municipal governments and those of the indigenous territories when formulating and executing policies and when planning cultural processes.

The Technical Secretariat of the provincial, district and municipal culture councils is carried out by the cultural official entity of the highest hierarchy of the respective regional bodies. The provincial, district and municipal culture councils represent their respective jurisdictions in respect of the relevant planning councils. The provincial culture councils shall be constituted as follows:

1. The Governor or his/her delegate. 2. The Director of the Provincial Entity for Culture. 3. The representative from the Ministry of Culture.

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4. One representative from the National Association of Mayors 5. Representatives of the Municipal Councils for Culture according to provincial sub- regions. 6. One representative from the goods and services production sectors. 7. One representative from the higher education {preferably of cultural education programs). 8. One representative from indigenous territories’ councils. 9. One representative from the education community designated by the provincial education assembly. 10. One representative from artistic areas councils. 11. One representative from the Provincial Culture Centers Association. 12. One representative from the National Monuments Council office 13. One representative of cultural NGOs with provincial coverage. 14. One representative from the Provincial Network of Public Libraries. 15. One representative from cultural associations of people with physical, psychological and sensory disabilities. The district councils for culture shall be constituted as follows:

1. The mayor or his/her delegate. 2. The Director of the District Institution for Culture. 3. The representative of the Ministry of Culture. 4. Representatives from communes and districts, in accordance with the district’s administrative distribution. 5. One representative of communicators’ associations or business sector societies. 6. One representative from the goods and services and production sector. 7. One representative from Upper Education (preferably of cultural education programs). 8. One representative from the craftsmen where they have presence and are representative. 9. One representative from indigenous territories councils, One representative from the educational community designated by the District Education Assembly. 11. One representative from the National Monuments Council office 12. One representative of each one of the artistic and cultural sectors. 13. One representative of community or civic organizations. 14. One representative of cultural NGOs. 15. One representative of youth associations where they have presence and are important. 16. One representative of cultural associations of people with physical, psychological and sensory disabilities.

The Municipal Culture Councils shall be constituted as follows:

1. The mayor or his/her delegate. 3. The Director the Municipality’s Cultural Institution.

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4. One representative from the Ministry of Culture. 4. One nucleus chief. 5. One representative of each one of the artistic and cultural sectors. 6. Representatives of communes and districts in accordance with the municipality’s administrative distribution. 7. One representative from the office where they have monuments and are representative. 8. One representative from the indigenous regional councils. 9. One representative from the education community designated by the Municipal Education Assembly. 10. One representative from the craftsmen where they have presence and are representative. 11. One representative of civic or community organizations. 12. One representative of cultural NOGs. 13. One representative of communicators’ associations and guilds. 14. One representative from the goods and services and production sectors. 15. One representative of youth associations where they have presence and are representative 16. One representative of students’ juridical representative where they have presence and are representative. 17. One representative of cultural associations of people with physical, psychological and sensory disabilities.

Election of members of Provincial, District and Municipal Culture Councils except those who by own right or designation recorded in this law are part thereof, as well as the frequency of their sessions shall take place according to the regulations stipulated to that end by the relevant regional governments.

Article 61. Councils’ objectives. The municipal, district and provincial councils shall develop the following objectives within their respective jurisdiction:

1. To stimulate cultural development and to contribute to improving quality of life of the communities and their respective regional bodies.

2. To act as focal points of activities pertaining to promotion, fostering and dissemination of cultural and artistic heritage of regional institutions.

3. To promote and to provide recommendations pertaining to formulation, compliance and evaluation of cultural plans, programs and projects.

4. To oversee the execution of public expenditure invested in culture

Article 62. About the national councils of arts and culture. The State through the Ministry of Culture shall create and regulate the national councils of arts and culture in each one of their artistic and cultural manifestations.

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Paragraph. The national councils of arts and culture shall be advisory bodies to the Ministry of Culture on policies, plans and programs in their respective area. The National Government shall determine their structure and tasks.

Article 63. Mixed promotion fund for culture and arts. In order to promote creation, research and dissemination of the various artistic and cultural manifestations, the mixed promotion fund for culture and arts shall be created.

The Ministry of Culture shall be authorized to participate in the creation of provincial, district, municipal and of indigenous territories mixed funds pursuant to the regulation that the National Government may issues to that end, as well as to make contributions and sign agreements to promote and foster arts and culture with said funds.

The mixed funds are non-profit institutions, provided with a legal capacity, constituted with public and private contributions and governed in their management, administration and procurement by the Private Law without prejudice to fiscal control carried out by the respective comptrollers’ offices on public funds.

Article 64. About the National System for Artistic and Cultural Education. It corresponds to the Ministry of Culture to guide, coordinate and foster the development of non-formal artistic and cultural education as social factor as well as to determine policies, plans and strategies for its development. To that end, a National System for Artistic and Cultural Education shall be created whose objective shall be to encourage creation, research, development, education and transmission of artistic and cultural knowledge.

Article 65. Mandatory cultural education. Numeral 3 of article 23 of Law 115 of 1994 is hereby modified as follows: 3rd. Artistic and cultural education . Article 66. Ministry of Culture. By way of which the Ministry of Culture shall be created as governing organization of culture in charge of formulating, coordinating, executing and supervising the State’s policy on the subject matter in agreement with development plans and programs, according to the principles of participation recorded in this law.

The Ministry of Culture shall be responsible, in addition to the tasks foreseen in this law, for exercising the general attributions that correspond to the Ministries in accordance with Decree 1050 of 1968.

The Ministry of Culture shall follow in sequential order of hierarchy the Ministry of Transportation.

The Ministry of Culture shall be a member with the right to opine and to vote on the National Council for Social and Financial Policy, CONPES.

Article 67. About the Ministry of Culture’s organic structure. The Ministry of Culture shall have the following administrative basic structure:

Office of the Minister

Office of the Vice minister

Office of the Secretary General.

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National Offices

Office of Heritage Office of Arts Office of communications Office of Cinematography office of Regional Promotion and Development Office of Museums Office of childhood and youth

Special Administrative Units Colombian Institute of Anthropology National Library National Museum Offices Legal Office Planning Office Office of Internal Control. Systems Office Office of International Relations. Press Office

Divisions Administrative Division Financial Division Human Resources Division

First Paragraph. The National Government shall adopt the necessary measures for the basic structure of the Ministry of Culture to operate. To that end, they shall create the jobs demanded by the administration, they shall determine their tasks, they shall establish their fringe benefits and equipment and they shall develop said structure subject to this law, respecting modernization policies of the State and rationalization of public expenditure establishing for their compliance control mechanisms that ensure their maximum productivity.

Second Paragraph. The Government when establishing and regulating the organic structure of the Ministry of Culture shall create the National Office of Ethno culture with the respective local offices in the regional institutions.

Article 68. The administrative structure of the Ministry of Culture shall not exceed or increase the current payroll of officers who work directly or through contracts or on consultancy basis in Colcultura, the Colombian Institute of Anthropology, ICAN; the National Library, the National Museum and the Institute of Hispanic Culture.

The National Government shall only increase the corresponding percentages taking into account the consumer price index issued by decreed by the Dane.

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Provisional Paragraph. Freezing of the payroll of the Ministry of culture’s structure including its attached and involved bodies shall cease only as of the third year after the enactment of this law.

Article 69. About the Ministry of Culture’s income heritage. The heritage and income of the Ministry of Culture shall be constituted by:

1. The sums allocated in the National Budget. 2. Movable and real estate property it may acquire at any title. 3. Assets, rights and obligations that used to belong to the Colombian Institute for Culture, Colcultura, and the Institute’s budget balances, existing on the date this law comes into force. 4. The sum amounts and movable and real estate property donated or transferred by public or private, national or international institutions.

Article 70. About the abolition and merge of cultural institutions and organizations. The National Government is hereby authorized to abolish or to merge national administrative institutions or organizations that fulfill cultural functions similar to those of the Ministry of Culture as well as to reassign tasks of said institutions or organizations to this ministry. To that end and for ascriptions of the Institutions to which the following article refers, the National Government shall perform the budget transfers and shall adopt the necessary fiscal measures for the Ministry of Culture to be able to assume fully assigned tasks.

Article 71. About the adscription of institutions to the Ministry of Culture. As decentralized institution attached to the Ministry of Culture, the Colombian Institute of Hispanic Culture shall operate as of the entry into force of this law, which without modifying its legal nature, it shall be moved from the Ministry of Education.

The Organization that as per the provisions of this law is transferred to the organic structure of the Ministry of Culture shall be transferred thereto with the heritage, budget balances as well as current staff that to the National Government’s criteria would be necessary to carry out its tasks. For the purposes of the corresponding constitutional claim (i.e. a “tutela”) the Minister of Culture or his/her delegate shall exercise the chairmanship of the board of directors of said institutions.

Paragraph. While complying with the procedures aimed at executing the transfer of the institution to which this article refers, the direction and administration thereof shall be the responsibility of the persons designated by the Minister of Culture.

Article 72. About the Ministry of Culture’s permanent staff. To fulfill its functions, the Ministry of Culture shall have a global personnel plant that shall be distributed by way of a resolution tending to the organic structure, the service needs and the nature of the positions. The Ministry of Culture’s employees shall be public servants of the special regime, attached to the administrative career except those that are appointed and removed freely as determined in the Ministry’s structure as well as current positions of the structure of the Colombian Institute of Culture, Colculture occupied by state’s employees without prejudice to the rights acquired in collective agreements.

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Similarly Colombia’s Symphonic Orchestra and the National Symphonic Band shall become part of the Ministry of Culture.

The teachers who are members of Colombia’s Symphonic Orchestra and the National Symphonic Band shall join the public administration via an employment contract.

Article 73. About the Ministry of Culture’s participation in the mixed funds for promotion of culture and arts. As of the entry into force of this law, the Ministry of Culture shall be the Nation’s representative in the current mixed funds for promotion of culture and arts of which the Colombian Institute of Culture, Colculture is part without prejudice to the provisions in the transition regime. Similarly, the Ministry shall be authorized to participate in the creation of new mixed funds.

Article 74. About the abolition and liquidation of the Colombian Institute of Culture, Colculture. By way of which the Colombian Institute of Culture, Colculture shall be abolished. Consequently, as of the date of entry into force of this law, said institute shall be liquidated, which shall be completed in a maximum term of one ( 1) year counted as of its entry into force.

Article 75. About the liquidator: The National Government shall designate the Liquidator of the Colombian Institute of Culture, Colculture, who shall meet the same qualifications required for the institute’s director and who shall be paid and be subject to the same regime of inabilities, incompatibilities and other applicable legal dispositions.

The liquidator of the Colombian Institute of Culture, Colculture shall perform the tasks prescribed for the institution’s director as long as these are not incompatible with the liquidation, and he /she shall act under the Minister of Culture’s supervision or his/her delegate’s.

Article 76. About the institution’s reduction process. Colcultura’s activities, structure and staff and the relevant positions shall be reduced progressively until disappearing in the term foreseen to complete the institution’s liquidation. Open positions shall not be fulfilled, except for those exceptions determined by the National Government.

Article 77. About the preference in the Ministry of Culture’s hiring. Without prejudice to the evaluation on their capacity and efficiency, nor the due discretion to designate officers that do not belong to the administrative career, Colculture’s current administrative career employees shall have preferential right to be hired as public servants of the Ministry of Culture and other institutions and organizations of the national culture system according to the service needs.

The same priority shall be held by state’s employees with a current employment contract, provided that the permanent staff positions of the ministry requires positions with functions equivalent to those said employees have been performing in the abolished institution. In any case, administrative career employees and state’s workers that are part of the institute’s permanent staff who are not incorporated into the Ministry of Culture shall have the right to opt for indemnity or a new contract elsewhere pursuant to the relevant legal provisions.

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Article 78. About the beneficial and social security regime. The Ministry of Culture shall recognize and pay retirement pensions or installments thereof that have been caused in favor of state’s workers and employees that join the ministry, as well as other employment benefits and social security items pursuant to legal provisions without prejudice to the rights acquired in collective agreements.

State’s employees and workers not attached to the Ministry of Culture or relocated to another institution shall receive payment of social benefits they are entitled to, in accordance with pertinent legal provisions, as well as all others obtained through collective agreements current on the date of entry into force of this law, for the case of state’s workers.

Transition Regime

Article 79. Contracts and acts in process. The Colombian Institute of Culture, Colculture, shall be authorized to continue with contractual proceedings that it would have initiated prior to publication of this law, and to execute the contracts that may result thereof, without prejudice to the agreed on delivery of resources from the Colombian Institute of Culture’s, Colculture, budget to the mixed funds for promotion of culture and arts. If contracts are not executed and liquidated during the institution’s liquidation procedure, or a dispute would remain unresolved, the Ministry of Culture shall replace the Colombian of Culture, Colculture in all contractual rights and obligations.

Similarly, Colcultura shall continue to exercise the responsibilities pertaining to issuance of administrative acts related to the temporary exit of assets out of the country, definition of cultural events subject or not to tax exemption on public shows and all those it issues determining if the assets referred to in Law 98 of 1993 are of cultural or scientific interest. By enforcing mentioned administrative acts, requirements required by Colculture are met in accordance with legal regulations and in such case the institution does not require to issue an additional act. Once dully executed compliance with other requirements is not necessary for Colculture or the entity that replaces it. Aforementioned functions shall continued to be developed by the Ministry of Culture upon liquidation of Colculture, and all acts in process that cannot be resolved to the liquidation date of cited institution shall be transferred to the Ministry for resolution.

Article 80. About recognition and payment of rulings. The Ministry of Culture shall assume the recognition and payment of rulings that have been ruled or are to be rules and where Colculture was responsible after expiration of the liquidation term of said organization, for which the National Government is authorized to take the necessary measures and to carry out the relevant budget transfers.

Article 81 On the transfer of real estate ownership titles The transfer of real estate owned by Colculture shall take place by way of an act signed by legal representatives of two aforementioned institutions. Certified copy shall be published on the Official Journal and location of each one of the real estate properties shall be registered with the Real Estate Public Registry.

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To transfer movable property the signature of the corresponding acts by the legal representatives of the Ministry of Culture and Colculture shall be sufficient.

The transfer of assets to which this article refers shall take place progressively in the measure that Colcultura’s departments are abolished but in any case said transfer shall have to be executed upon liquidation of aforementioned organization’s contract.

Article 82. On current budget allocations in favor of the mixed funds for promotion of culture and arts. Until all acts that enable the Ministry of Culture’s operations, budget allocations foreseen in the relevant fiscal year in favor of the mixed funds for promotion of culture and arts shall be delivered to the relevant fund by the Minister of Culture or the person delegated by the National Government in case no Minister has been appointed. For which the corresponding acts or contracts shall be signed. Once the Ministry’s permanent staff has been issued and management positions fulfilled, the latter shall replace Colculture in all existing rights and obligations.

Article 83. Validity term. This Law comes into force as of the date of its enactment and revokes all other provisions that may contradict it.

The President of the honorable Senate of the Republic.

LUIS FERNANDO LONDOÑO CAPURRO

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA .

The President of the Honorable House of Representatives.

GIOVANNI LAMBOGLlA MAZZILLI

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR REPUBUCA

REPUBLIC OF COLOMBIA

NATIONAL GOVERNMENT

Publish and enforce.

Given in Barranquilla on the 7th day of the month of August 1997.

ERNESTO SAMPER PlZANO

The Vice-minister of Treasure and Public Credit, in charge of the Office of the Minister of Treasure and Public Credit,

Eduardo Fernández Delgado.

The Minister of Education.

Jaime Niño Diez.

Published in Santa Fe of Bogotá, D.C., On August 7th 1997 in the Official Journal No 43.102

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